The Business Interruption underwriters working from the discomfort of their homes have been pouring over their previous craftmanship more than most in the industry in recent weeks. Not without good reason. The stakes are high. The future of their business may well come down to some perceived uncertainty in the small print. If ever the idiom the devil is in the details were true its now.
A recent case that highlights the interesting nature of nervous shock cases and some of the differences between these cases in Ireland and the UK.
As a result of the global spread of Covid-19 and with the number of confirmed infections rising globally, businesses are looking to their insurance policies and the terms therein to establish whether or not they have any business interruption coverage to help them through these difficult times.
The number of personal injury cases taken in the State was down slightly last year while the average award made at High Court level dropped by 29 per cent, according to figures in the latest annual report from the Courts Service.
The figures appear to conflict with the view that increasing litigation and award levels are behind the rise in public liability and other insurance premium levels.
Insurer’s right to carry out surveillance on Plaintiff justified in the European Court of Human Rights.
ECtHR declares inadmissible application of man surveilled by insurance company to determine if claim was justified.
Jenna Curran of our office recently attended the TRADATA (Training of lawyers on the European Union’s Data Protection Reform) Seminar at Law Society House, Belfast and was granted a Certificate in recognition of her participation.
Release of the Fifth Edition of the Guidelines for the Assessment of General Damages in Personal Injury Cases in Northern Ireland
The new edition of the Guidelines for the Assessment of General Damages in Personal Injury Cases in Northern Ireland (the Green Book) has been released. Our solicitors examine the changes in comparison to previous editions.
July 2018 saw the publication of the second and final report of the Personal Injuries Commission. The Personal Injuries Commission was established in January 2017 to undertake extensive research into the cost of insurance and personal injury claims in Ireland. We consider the commentary of Nicholas Kearns and the ‘compo culture’ in Ireland
The Court of Appeal set out the approach to be taken in assessing damages and referred to the perceived cap on general damages for the most serious injuries at €400,000. The Court had to consider whether the award in the instant case of €65000 general damages where the Plaintiff suffered from neck and back pain from which she had almost fully recovered was fair and reasonable?
What grounds must insurers have to allege fraud in personal injury actions?
Negligence is a man’s carelessness in breach of duty to others. Contributory negligence is a man’s carelessness in looking after his own safety. He is guilty of contributory negligence if he ought reasonably to have foreseen that, if he did not act as a reasonable prudent man, he might be hurt himself
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